[In a parenthetical article, it should be noted that the question of whether a recording can serve as a "writing" has also arisen in a number of contexts within the framework of Jewish law, see, for example: Rabbi Ovadia Yosef Responsa Yechava Daat 2, 57 (in the context of the work of writing on Shabbat); Rabbi Eliezer Yehuda Waldenberg Responsa Tzitz Eliezer 13:1 (in the context of the prohibition of erasing the name); See also: Uri Dasberg and Israel Rosen "The Sabbath in the Police" Boundaries II 66, 77 (תשמ"א)].
- If so, the word "written" in section 9 The law may also carry, from a linguistic point of view, the significance of recording things that were said Oral. Therefore, in order to decide the interpretive question before us, we must examine the purpose of the written requirement in section 9 Law The Statute of Limitationsand to determine whether or not the provision of such meaning achieves this purpose optimally. In order to trace this purpose of the written requirement, we must first understand the rationales underlying The Statute of Limitations In general, and about those who are at the foundation of Section 9 The law in particular.
The Statute of Limitations and Section 9 of the Law - Main Rationales
- Essentially, The Statute of Limitations intended to properly balance the interests relevant to the issue of the statute of limitations - those of the plaintiff, the defendant and the public (Civil Appeal Authority 4705/22 Eliyahu v. Israel-Pour (Eliyahu), verse 24 [Nevo] (29.9.2022); Civil Appeal 8416/19 Adv. Shlomo Ness and CPA Eli Scheffler - liquidators of Agrexco Agricultural Production Company BTax Appeal State of Israel v., verse 31 [Nevo] (22.12.2021); Civil Appeal Authority 6614/19 State of Israel v. Jahsi, verse 12 [Nevo] (30.6.2021); עניין We will tour, at p. 246; Interest Alenkawa, at p. 546):
(-) As for the plaintiff, the statutes of limitations recognize the importance of his substantive rights and his entitlement to relief in respect of them; This is subject to the assumption that a plaintiff who "sleeps on his rights" and refrains from filing a claim over a long period of time, waives and waives his right (Civil Appeal Authority 3196/18 Magen David Adom in Israel v. Anonymous, Stripe' 10 [Nevo] (6.8.2018); עניין We will tour, p. 244).